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Nicholas Charlton Against The Josephine Marshall Trust

Judgment Cited authorities 14 Cited in Precedent Map Related
Vincent
JurisdictionScotland
JudgeLord President,Lord Malcolm,Lord Glennie
Neutral Citation[2020] CSIH 11
Docket NumberXA99/19
Date09 April 2020
CourtCourt of Session
Published date09 April 2020
FIRST DIVISION, INNER HOUSE, COURT OF SESSION
[2020] CSIH 11
XA99/19
Lord President
Lord Malcolm
Lord Glennie
OPINION OF THE COURT
delivered by LORD MALCOLM
in the appeal by
NICHOLAS CHARLTON
Appellant
against
THE JOSEPHINE MARSHALL TRUST
Respondent
in respect of a decision of the Upper Tribunal of 28 May 2019
______________
Appellant: Stalker; Thorntons Law LLP
Respondent: Burnet; Lindsays
9 April 2020
[1] The background to this appeal is complex, but the issue of law at its heart is
relatively straightforward. It concerns the interplay between orders for possession of a
house let on an assured tenancy under section 18 of the Housing (Scotland) Act 1988 and a
Repairing Standards Enforcement Order (RSEO) granted under sections 22/24 of the
Housing (Scotland) Act 2006. In particular, if an RSEO is granted and remains

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